DHCR Decisions
Docket Number: FB-520319-RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FB 520319-RO
:
516 W. 174th ST. REALTY CO./ DRO DOCKET NO.: ZDJ 520630-S
HARRY GREENBAUM,
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 27, 1991, the above-named owner filed a timely Petition for
Administrative Review of an order concerning the housing accommodations
relating to the above-described docket number.
The Commissioner has reviewed all the evidence in the record and has
carefully considered that portion of the record relevant to the issues
raised by the petition.
On October 16, 1989, the tenant commenced this proceeding by filing a
complaint asserting that the owner had failed to maintain certain services
in the subject apartment.
In its answer dated December 26, 1990, the owner denied the allegations
set forth in the tenant's complaint or otherwise asserted that all
required repairs had been completed.
Thereafter, on January 3, 1991 an inspection of the subject apartment was
conducted by a D.H.C.R. inspector who confirmed the existence of defective
conditions.
On February 5, 1991, the Rent Administrator directed restoration of these
services and further ordered a reduction of the stabilization rent.
In its petition for administrative review, the owner states, in substance,
that repairs have been made.
After careful consideration, the Commissioner is of the opinion that the
petition should be denied.
The owner's petition does not make clear whether it is the owner's
contention that repairs had been made before the apartment was inspected
or the order was issued, or whether the contention is that repairs were
made following the issuance of the Rent Administrator's order. If it is
the former, then the owner's allegation is belied by the report of the
agency inspector. If it is the latter, then the Rent Administrator's
order reducing the rent was nevertheless correct when issued, and this
order is issued without prejudice to the owner filing an application for
restoration of services.
THEREFORE, in accordance with the Rent Stabilization Law and Code, it is
Docket Number: FB-520319-RO
ORDERED, that this petition be, and the same hereby is, denied, and that
the District Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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